Court ruling leaves school desegregation programs in limbo

Friday

Jun 29, 2007 at 12:01 AMJun 29, 2007 at 3:21 PM

Yesterday's divided U.S. Supreme Court ruling that sharply restricts the use of students' race to achieve diversity in public schools has left state and local education officials uncertain whether the decision cripples programs to integrate classrooms across Massachusetts.

By John Hilliard

Yesterday's divided U.S. Supreme Court ruling that sharply restricts the use of students' race to achieve diversity in public schools has left state and local education officials uncertain whether the decision cripples programs to integrate classrooms across Massachusetts.

The ruling could affect communities that enroll thousands of Massachusetts students through the Metco program or those that oversee internal efforts to ensure racial balance in neighborhood schools.

"Metco is a voluntary desegregation program that works," said Wayland schools Superintendent Gary Burton, whose district enrolls 132 children through the program. "I think a lot of people would be upset if the program" was affected by the ruling.

The Supreme Court yesterday rejected school diversity plans that take account of students' race in two major public school districts, but left the door open for using race in limited circumstances.

The decision in cases affecting schools in Louisville, Ky., and Seattle could imperil similar plans in hundreds of districts nationwide, and it further restricts how public school systems may attain racial diversity.

The court split, 5-4, with Chief Justice John Roberts announcing the court's judgment. The court's four liberal justices dissented.

According to Justice Stephen Breyer, in the dissent, said Roberts' opinion undermined the 1954 decision in Brown v. Board of Education. That 53-year-old case outlawed segregation in public schools.

It is also unclear whether the decision will impact 22 school district's use of state-approved plans to reduce racial imbalance inside their buildings, including Framingham, Waltham and Worcester.

State education officials are studying how the decision affects local schools, said Education Commissioner David P. Driscoll, who added that any changes will be made "thoughtfully."

"It does not, however, mean the end to educational equity," he said in a statement.

U.S. Sen. John Kerry criticized the ruling, saying it threatened the Metco program.

"This decision has turned Brown vs. Board of Education's promise of fairness and opportunity for all upside down," Kerry said in a statement.

Hudson Superintendent Sheldon Berman - who starts his new job as head of the Jefferson County, Ky., schools next week - said the ruling should not change his future district's objectives.

Louisville's schools spent 25 years under a court order to eliminate the effects of state-sponsored segregation. After a federal judge freed the Jefferson County, Ky., school board, which encompasses Louisville, from his supervision, the board decided to keep much of the court-ordered plan in place to prevent schools from re-segregating.

"In some degree it's disappointing," said Berman. "I don't think it's going to be as impacting as it might seem."

Framingham School Committee Chairman Philip Dinsky did not believe the ruling would affect the town's own school choice program.

"We've come to the conclusion that desegregation should be based on socio-economics, not race," said Dinsky, who had not seen a copy of the ruling.

More than a quarter of Framingham students qualify for low-income statutes, according to state education officials.

About 32 percent of Framingham's roughly 8,000-member student body are ethnic minorities, according to the state Department of Education, but census data does not count Brazilians as a minority group.

The town also enrolls four students through the Metco program. Dinsky was uncertain how the ruling would affect Metco enrollment.

In Wayland, Burton said the town has participated in Metco for nearly 40 years.

"(Metco is) one of three voluntary desegregation programs (across the country) that works," said Burton, who had not yet read the court ruling. "It's a jewel in the crown of the state's effort (toward) voluntary desegregation."

Many of those children are black, but several students of Hispanic and Asian descent are included in the program, he said.

"It makes no sense to bus white children from Boston to the suburbs - that's not desegregation," said Burton.

Natick Superintendent James Connolly said it was too soon to know what the effect of the ruling will be. Natick enrolls about 60 students through the Metco program.

"I don't know if this will have an impact on the Metco program," said Connolly.

MetroWest Daily News (Framingham, Mass.) correspondent Eric Athas contributed to this report. John Hilliard can be reached at 508-626-4449 or jhilliar@cnc.com.